Dáil Éireann debate -
Wednesday, 17 Oct 2012

Vol. 779 No. 1

Priority Questions

Road Safety Issues

Brendan Smith

Question:

1. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 25 of 19 July 2012, if he will have further urgent consideration given to the requests of Clones Town Council that the north/south joint secretariat arrange a meeting with the relevant statutory agencies both north and south to deal with serious anti-social driving practices on the N54/A3 road which are a source of concern to residents on both sides of the border; if he will agree that a coordinated approach is needed by statutory agencies in both jurisdictions to deal with these issues; and if he will make a statement on the matter. [45090/12]

Tánaiste and Minister for Foreign Affairs and Trade

The North-South Ministerial Council Joint Secretariat has consulted with a number of Departments and agencies which felt that they could not assist further as regards anti-social driving practices on the N54-A3 road. This is essentially a policing issue and the NSMC does not have any role in the matter nor any authority to progress it further. However, I appreciate the seriousness of this issue and believe we should do everything possible to address the risks and concerns caused by dangerous driving on the road in question. Accordingly, I will also ask my colleague, the Minister for Justice and Equality, to look into the matter in conjunction with his opposite number in Northern Ireland. I will also seek to raise the issue at my future meetings with Northern Ireland colleagues.

Deputy Brendan Smith

I thank the Tánaiste for his reply and his recognition of the very serious concerns of the local community. If I travel from Cavan Town to Clones, I must travel into County Fermanagh on three different occasions. There is a serious policing difficulty in regard to particular stretches of that road. I fully realise there are no easy resolutions to these difficulties.

The North-South Joint Ministerial Council met the Clones joint policing committee in 2011. At that meeting, they agreed to convene a meeting of all the relevant statutory agencies, both North and South. A preliminary date was set verbally on the telephone for such a follow-up meeting. Subsequently, the secretariat wrote stating that it had made contact with the various statutory agencies, both central and local, and that there was nothing further it could do in regard to convening a meeting.

The Tánaiste will accept that by sitting the representatives of statutory agencies around a table, people can outline what they can do and the limits on what they can do. On the evening of the meeting with the Clones joint policing committee, the town clerk, a very conscientious official, and the then mayor of Clones Town Council, Deirdre Kelly, wrote a follow-up letter to the joint secretariat pointing out again the difficulties facing people travelling on that road. There is very heavy volume of ambulance traffic because it is the route between Cavan General Hospital and Monaghan General Hospital. People living along that road are concerned when these anti-social and dangerous driving practices take place.

We all know that much can be achieved by sitting down together instead of by writing to one another. The Garda Síochána has been doing everything possible and I have spoken to gardaí at local level and, through the Minister, at senior level. I appreciate the Tánaiste's offer to raise the issue at the North-South Ministerial Council but I suggest that he puts it to the council to let the secretariat call a meeting of all the interested parties and outline what can and cannot be done. Will he convey to the local citizens in counties Fermanagh, Monaghan and Cavan that we want to see these issues dealt with and that we do not underestimate the worries of the local community?

Deputy Eamon Gilmore

As Deputy Smith said, I acknowledge that this is a serious issue. We are talking about a stretch of road that crosses the Border on a number of occasions. It is being used for speed racing, joyriding and activity of that kind which is clearly hugely dangerous. There is a difficulty enforcing the law because the road straddles the two jurisdictions.

It is not the function of the North-South Ministerial Council because law enforcement does not come within its remit. However, it used its good offices to consult the Department of Transport, Tourism and Sport, the Department of Justice and Equality, the Road Safety Authority and the National Roads Authority and, on the Northern Ireland side, the Department of the Environment, the Department of Regional Development and the Department of Justice. All the stakeholders consulted were of the opinion that this was essentially an enforcement issue and a matter for the Garda Síochána and the PSNI.

As I said, I will discuss the matter with the Minister for Justice and Equality. As Deputy Smith is aware, I am in regular contact and communication with colleagues in the Northern Ireland Administration, including the First Minister, the Deputy First Minister and the Minister for Justice, and I will discuss with them the best way to deal with this issue in an co-ordinated way.

Deputy Brendan Smith

I very much appreciate the Tánaiste's help and perhaps he will come back to me when he can after he has had further discussions. I have been pursuing this matter for some time and I want to be able to say to the local community that central government and the statutory agencies, working with the Executive in the North and its statutory agencies, will do everything they can.

As other public representatives did, I received communication from an individual who wrote that his daughter was travelling back to her home when, on the Clones-Cavan concession road, a rally car did a doughnut in the middle of the road watched by many spectators. She did not know this was going on full-time on the Border, mainly on the Northern side, and it was touch and go in regard to being a tragedy. It left her shaken and scared on such a long journey. That type of comment has been expressed to me on numerous occasions. We want every possible measure put in place to prevent any tragedy or accident.

Deputy Eamon Gilmore

I acknowledge the problem and I assure Deputy Smith that I will do everything I can, working with colleagues and in communication with our counterparts in Northern Ireland, to have it addressed. It clearly has to be addressed on a cross-Border basis because it is a cross-Border problem. It is not a function of the North-South Ministerial Council and Deputy Smith will appreciate my reasons for not wanting to ascribe to the council law enforcement functions which are not its responsibility but there are ways in which we can deal with this on a cross-Border basis and I assure the Deputy we will proceed to do that.

An Leas-Cheann Comhairle

Question No. 2 is in the name of Deputy Jonathan O'Brien, who is not present.

Deputy Seán Crowe

A mistake was made in regard to the parliamentary question.

Deputy Eamon Gilmore

I am happy to answer it.

An Leas-Cheann Comhairle

I am sorry to say that Standing Orders state priority questions must be in the name of spokespersons.

Northern Ireland Issues

Clare Daly

Question:

3. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade if he will give an update on the circumstances of Marian Price's imprisonment in particular on her isolation and medical condition. [44989/12]

Deputy Eamon Gilmore

The individual referred to has been detained since 13 May 2011, following the revocation of her life licence by the Secretary of State for Northern Ireland. In the 17 months she has been in custody, she has been held both in the secure all male prison in Maghaberry and more recently in Hydebank Prison, which is a mixed prison. The person concerned is currently receiving treatment in a hospital facility under the care of the Belfast Health and Social Care Trust. In the context of the successful devolution of policing and justice powers to the Northern Ireland Executive, the responsibility for the provision of prisoner health care in Northern Ireland lies with the Department of Health, Social Service and Public Safety. This Department, through the South Eastern Health and Social Care Trust, is required to provide health care arrangements comparable to those available in the community.

In line with long-standing practice in this House, it is not appropriate for me to comment in detail on any person’s medical records or medical condition but, equally, I am keenly aware that genuine concerns have been raised about several aspects of this case in the House on many occasions and I have raised them very frankly with the British Government.

As the record of the House will show, I raised this case with former Secretary of State for Northern Ireland, Mr. Owen Paterson, on several occasions and, more recently, I raised the matter with the new Secretary of State of Northern Ireland, Ms Theresa Villiers. The Taoiseach also took the opportunity to raise the matter with Secretary of State Villiers when he met her on 2 October. I will continue to raise this case with the British Government and to convey my concerns, which are shared by all sides of this House, to them and to the relevant Northern Ireland authorities.

Deputy Clare Daly

This is not an appropriate answer. That is not meant personally against the Minister but we are dealing with a situation where the treatment of Marian Price has been deemed to be tantamount to torture by the UN and the fact that this treatment is being meted to a woman on the island of Ireland means we need to do more. She is an incredibly ill individual and the Minister has outlined her conditions in solitary confinement. Her medical treatment is not the best and does not adhere to various standards. She has been the subject of scrutiny with a constant security watch while in hospital undergoing medical treatment and her health is vulnerable. Given she has been interned for 17 months, the Government needs to do more. This is a serious abuse of human rights and while the Minister has raised it with his counterpart, I would like to hear more about this. A number of Deputies will take a trip to visit Marian Price the week after next. Will the Minister agree to join us on that trip? As a House, we have to raise this issue more frequently.

Deputy Eamon Gilmore

I do not propose to talk about her medical condition or her medical records because it is not appropriate to do so in a public forum. As I said, I am concerned about this case and I raised it repeatedly with the former Secretary of State for Northern Ireland. When I met the new Secretary of State, I took the first opportunity I had to discuss this case with her. I am due to meet her again in the near future. I have also discussed this with the Northern Ireland justice Minister. I am concerned about the case. I am aware a parliamentary group intends to visit her and I would be happy to hear a report from the group when it returns.

Deputy Clare Daly

It is entirely appropriate to raise the medical issues because UN doctors and others have said this woman is even too ill to attend the court hearing, yet Owen Paterson revoked her licence under a clause that provides this facility where it is necessary for the protection of the public. This is an extremely ill woman who represents no danger to the public whatsoever and the longer she is incarcerated in solitary confinement and denied the support she needs, the worse her condition will get. I am fearful that the next time we discuss this issue in the House, it may be too late. I urge the Minister to intervene.

Deputy Eamon Gilmore

As the Deputy said, the former Secretary of State revoked the licence in this case. I understand legal submissions were made recently in connection with that and a process is under way. Separately, a charge is before the courts, although that does not appear to be the principal reason she continues to be detained. That has more to do with the revocation of the licence.

I have discussed a number of aspects of this with both the previous and current Secretary of State, including the revocation of the licence, the conditions, the woman's health and other issues raised by the Deputy. I assure her and the House that I am giving serious attention to this case and I will continue to raise it with the British authorities and particularly with the Secretary of State.

Middle East Peace Process

Brendan Smith

Question:

4. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the steps he has agreed with his EU counterparts in ending illegal Israeli settlements in the West Bank; if he will implement a boycott of goods from the illegal settlements; and if he will make a statement on the matter. [45091/12]

Deputy Eamon Gilmore

The Government has consistently stated that Israeli settlements in the occupied territories are illegal under international law and are an obstacle to peace. The relentless construction of settlements in the West Bank, including East Jerusalem, is undermining the viability of a future Palestinian state. This is unambiguous EU policy and a clear message that Ireland and our EU partners relay to the Israeli authorities in every meeting. The settlement project is incompatible with a comprehensive peace in the Middle East, and with the end of the occupation. Recognising that developments on the ground are threatening to make a two-state solution impossible, the Foreign Affairs Council in May adopted conclusions that restated, and in many respects advanced, EU positions on issues such as the Palestinian depopulation of Area C and evictions and demolitions in East Jerusalem. Many of these issues are part and parcel of the settlement project. The conclusions also set out the remedial action we wish to see, primarily from Israel. Clearly, the Council will have to continue to press on these issues and I stressed this point again at the Foreign Affairs Council earlier this week.

While I do not support a boycott of Israel or goods produced in Israel, I believe that the exclusion of goods produced by Israeli settlements in the occupied Palestinian territories would reflect the illegal status of such settlements under international law. I have not yet made any formal proposal at EU level because I do not believe there is at present any prospect of getting EU agreement for such a ban. However, I expressed the view that if there is no movement by Israel on the issues raised by the EU Council regarding to settlements, the Union should consider the exclusion of settlement products. As the Deputy will be aware, the Joint Committee on Foreign Affairs and Trade has written to me on this issue and I will reply in greater detail shortly.

Deputy Brendan Smith

I thank the Minister for his reply. As he correctly said, what has happened on the West Bank since 1967 is deplorable. My understanding is that settlements have been promoted and expanded under every Israeli Government. Recently, I read that 200 settlements comprise 42% of the land on the West Bank and almost 500,000 Israeli settlers. The Minister referred to the EU resolution agreed last May at the Council of Ministers to recognise the urgency of the situation and to condemn developments which threaten to make a two-state solution impossible. Am I correct that this matter was discussed at the most recent Council meeting? In excess of €100 million in settlement products are imported by the EU annually, although the figures I have seen vary between €96 million and €160 million. I do not know the exact figure but it is sizeable even at the minimum value. Exports to the EU help to make those settlements economically viable and that is not acceptable. If there is not progress and stronger action by the EU, will the Minister ensure this matter will be high on his priority list when he chairs the Foreign Affairs Council in the coming six months?

Deputy Eamon Gilmore

I can confirm that the Council, which met in Luxembourg on Monday last, discussed the situation in the Middle East and the fact that no progress has been made in talks about a settlement. The Council adopted a strong statement on the Middle East and Palestine at the May meeting and focused particularly on the settlement activity, which is continuing and which is making a two-state solution increasingly unviable. I expressed in strong terms the Government's position on that.

With regard to the question of a ban on settlement products, it is difficult to put a figure on it because the goods exported mainly comprise fruit and vegetables.

The settlements are mainly dormitory settlements for the rest of Israel. It is not so much an economic producing area in its own right and it represents a very small proportion of Israeli exports. If blocked, the goods go back to the domestic market. I have asked colleagues in the European Union Foreign Affairs Council to return to this issue, consider the decisions taken in May, see what progress, or lack of progress, has been made and examine what further action the European Union can take to enforce the decisions made in May. One possibility in that context is an EU ban on settlement products.

Deputy Brendan Smith

The EU has good reason to act because the existence of the settlements has repeatedly been deemed illegal by the United Nations and the International Court of Justice. I ask the Tánaiste to ensure the issue remains high on the agenda. Deputy Crowe and other committee members listened to the accounts given by Trócaire at a meeting of the Joint Committee on Foreign Affairs and Trade. One comment was made by a farmer whose land had been confiscated from him on two occasions. He said it was not safe for them and that this was a huge humiliation and loss of dignity. The concerns of those people must be uppermost in the minds of people dealing with foreign affairs issues. A union the size of the EU must be proactive on this important issue.

Deputy Eamon Gilmore

This Government and its predecessor made the Middle East a priority in foreign policy. That will continue to be the case and that is why we pressed hard for a strong statement at the EU Foreign Affairs Council. That is why we took the position that there must be follow through. I have asked that, during our Presidency, we review what was decided in May. On a technical point, the Foreign Affairs Council is now chaired by the High Representative, following the Lisbon arrangements. I am working quite closely with High Representative Catherine Ashton, who has taken a strong personal interest and leadership role in the Middle East peace process.

Human Rights Issues

Jonathan O'Brien

Question:

2. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the continued human rights violations in Bahrain, particularly against medics; and the formal steps that he has taken to inform the Bahraini Government of its views in relation to these human rights violations. [45096/12]

John Halligan

Question:

5. Deputy John Halligan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will formally condemn and further call upon the Royal College of Surgeons of Ireland, the Royal College of Physicians of Ireland and the Medical Council of Ireland to unreservedly condemn the arrest, sentencing and ill treatment of a number of Bahraini medics, who were trained by the RCSI at its university in Bahrain (details supplied); if he will publicly call for their convictions to be immediately overturned and for the Bahraini authorities to show compassion and humanity; if he will call upon the King of Bahrain to intervene and correct the injustices committed, by commuting the prison sentences; and if he will make a statement on the matter. [45198/12]

Deputy Eamon Gilmore

I propose to take Questions Nos. 2 and 5 together.

I have made clear to the House on numerous occasions that all charges against the medical professionals should have been dropped. Given the great concerns and doubts that surrounded the case of the medics from the start, and particularly in light of the well-documented reports of ill-treatment to which many of those originally detained were subject, the Bahraini Government should consider exercising clemency and releasing those medical professionals who have now been imprisoned. Such an act of clemency would also be very much in the wider interests of promoting urgently needed reconciliation and national dialogue within Bahrain. I urge King Hamad and the Bahraini Government to take account of the widespread international concerns that exist and to agree to release those now imprisoned following the verdict in the Court of Cassation.

On a more general level, the Government has repeatedly conveyed its concerns at every suitable opportunity to the Bahraini authorities about the human rights situation in Bahrain, including our concerns about the case of the medical professionals as well as that of the respected human rights defender, Abdulhadi Al Khawaja. We have repeatedly raised these cases with the Bahraini ambassador in London and through our ambassador in Riyadh who is accredited to Bahrain. Officials in my Department again conveyed our strong concerns to the Bahraini authorities through diplomatic channels after the Court of Cassation's decision on 1 October upholding the prison sentences against the medical professionals.

The Royal College of Surgeons in Ireland, RCSI, the Royal College of Physicians of Ireland and the Medical Council are independent organisations involved to varying degrees in the education of medical professionals in Bahrain. It is important to distinguish between the involvement of Irish institutions in the education and training of Bahraini medical personnel, which is entirely positive both for this country and Bahrain, and the case of the imprisoned Bahraini doctors.

The RCSI, in particular, felt its efforts would be more effective if it engaged in private dialogue with the Bahraini authorities rather than in the public sphere. All the organisations concerned kept my Department informed of their efforts and views on Bahrain. I met the chief executive of the RCSI to discuss political developments and the college's role in Bahrain. I note the RCSI has commented publicly on numerous occasions about the case of the Bahraini medics and urged the Bahraini Government to withdraw the sentences and release the medics. The RCSI has also written to the King of Bahrain asking him to drop the charges against the medics.

Deputy John Halligan

I thank the Tánaiste for his detailed answer. The case, which has drawn international criticism, saw nine doctors convicted for their roles in last year's pro-democracy uprising in Bahrain. The uprising did not seek the violent overthrow of the regime but demanded democratic constitutional monarchy and recognition of human rights. Three of those sentenced were doctors trained by the RCSI and were given outrageous sentences, ranging from one month to 15 years, by a military tribunal. A Bahraini independent commission of inquiry later found that, in many cases, those arrested were subjected to serious human rights abuses. These included beatings, blindfolding, handcuffing and beating with wooden planks. The hospital was under lockdown, with nurses beaten. While I commend the RCSI in Ireland on supporting the recommendation for the development of a national reconciliation programme in Bahrain and for offering to assist in every possible way to advance the building of the programme, the question remains why the RCSI and the Royal College of Physicians stood apart from international human rights organisations such as Front Line Defenders, Médecins Sans Frontières, Human Rights Watch and Physicians for Human Rights when they condemned the Bahrain authorities. A legal team of Irish human rights lawyers, Ceartas, is examining the RCSI involvement with the Bahraini Government during the 2011 uprising, following claims that the RCSI college in Bahrain, in which the RCSI has invested €60 million, interrogated their students and asked some to sign a pledge of allegiance to the regime. I have spoken to Médecins Sans Frontières and human rights groups and it seems this did happen. Does the Tánaiste have any comment?

Deputy Eamon Gilmore

The RCSI is an independent organisation and an internationally renowned medical school attracting international students from more than 60 countries. It has a student population of 4,000 people and employs more than 850 people globally, 80% of whom are graduates. I am responsible to the House for the response of the Irish Government to the situation in Bahrain. My concerns, the concerns of the Government and the concerns of the Irish people in respect of the human rights situation in Bahrain and the arrest, trial and imprisonment of the medics have been conveyed in clear terms through our ambassador in Riyadh and to the Bahraini Embassy and its ambassador in London.

We have also been pressing Bahrain in multilateral forums to undertake human rights reform. At the most recent session of the United Nations Human Rights Council in Geneva, we raised our concerns about the grave allegations of mistreatment, amounting to torture, of detainees that were documented in the report of the Bahrain independent commission of inquiry and we urged Bahrain to take further steps to implement in full the recommendations of the report of the Bahrain independent commission of inquiry.

At the previous session of the Human Rights Council in June, Ireland made a joint statement with 26 other countries urging Bahrain to enhance its co-operation with the office of the High Commissioner for Human Rights and the special procedures of the Human Rights Council. At Bahrain's universal periodic review in May, Ireland recommended that all decisions by the national security courts should be subject to review in ordinary courts and that laws should be enacted to prohibit civilians being tried in military courts.

Deputy John Halligan

I congratulate the Tánaiste on that. I accept that he has taken those actions. As we speak, however, nurses and doctors are being intimidated in Bahrain. Some of them did not take part in the protest but merely provided treatment in hospital to people who had been injured in the demonstration.

Surely someone must be held accountable if Irish trained doctors are being imprisoned for speaking out against a regime that opposes human rights. I congratulate the Tánaiste on the contacts he has made, but his words seem to be falling on deaf ears. My information, gained in the last number of days, is that nurses and doctors who treated people who took part in the demonstrations are still being mistreated in Bahrain.